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Grand jury moves to 'no bill' U.S. Marshal involved in the shooting of a Corpus Christi man

Meaning no further action will be taken in the case.

CORPUS CHRISTI, Texas — Every day 18-year-old Jane Elizalde stops at her father's memorial at the Whispering Wind Apartments off of West Point Rd. 

Her father was 43-year-old Daniel Garcia who was killed by U.S. Marshals by on Oct. 5, of last year as they tried to serve him a felony warrant for cocaine distribution.

This week a grand jury was set to meet to decide whether the shooting was justified or not. The jury moved to essentially "no bill" the officer who shot Garcia, according to Nueces County District Attorney Mark Gonzalez.

Meaning no further action will be taken in the case.

"I just wish I said she could see some justice go on because he was unarmed, he didn't have anything. I just feel like it was a really wrong killing," Elizalde said. 

Elizalde told 3NEWS that her dad never had a gun. The Department of Public Safety also told 3NEWS that Garcia had a violent history and they feared he could have been armed at the time. Marshals tracked Garcia to his girlfriend's apartment. He was in his vehicle when Marshals boxed him in at the entrance and shot him to death. 

"I turned 18 and I'm starting to be a woman and he's not here to see that it's just super hard," Elizalde said. "It's super super hard and I wish that the jury could see how heartbroken it has made, not just me, but my mom and my siblings and everybody in my life even my friends my friends loved him."

The Texas Rangers investigated the shooting death and are set to help lay out the evidence that they have for the grand jury members. Nueces County District Attorney Mark Gonzalez explained that a grand jury looks at every felony case and decides whether there's enough evidence for an indictment.

"They look at all of the cases that come in that are felonies not misdemeanors," Gonzalez said. "They review all of the evidence that we may have and they decide whether the case should go forward. The burden of proof in that is not the same as beyond a reasonable doubt it's a lower burden but nonetheless the community decides. The DAs office can't go forward unless the grand jury says so."

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